Bill Text: TX HB3408 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the licensing and regulation of licensed professional counselor associates; requiring an occupational license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Human Services [HB3408 Detail]
Download: Texas-2019-HB3408-Introduced.html
86R10675 TSR-F | ||
By: Cortez | H.B. No. 3408 |
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relating to the licensing and regulation of licensed professional | ||
counselor associates; requiring an occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 503.002, Occupations Code, is amended by | ||
adding Subdivision (5) to read as follows: | ||
(5) "Licensed professional counselor associate" means | ||
a person who: | ||
(A) holds a license under Section 503.309; and | ||
(B) offers to provide for compensation | ||
professional counseling services under the supervision of a | ||
licensed professional counselor. | ||
SECTION 2. The heading to Section 503.302, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 503.302. QUALIFICATIONS FOR LICENSES [ |
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SECTION 3. Section 503.302, Occupations Code, is amended by | ||
amending Subsection (a) and adding Subsection (b) to read as | ||
follows: | ||
(a) A person qualifies for a license as a licensed | ||
professional counselor under this chapter if the person: | ||
(1) is at least 18 years old; | ||
(2) has a master's or doctoral degree in counseling or | ||
a related field; | ||
(3) has successfully completed a graduate degree at a | ||
regionally accredited institution of higher education and the | ||
number of graduate semester hours required by board rule, which may | ||
not be less than 48 hours and must include 300 clock hours of | ||
supervised practicum that: | ||
(A) is primarily counseling in nature; and | ||
(B) meets the specific academic course content | ||
and training standards established by the board; | ||
(4) has completed the number of supervised experience | ||
hours required by board rule, which may not be less than 3,000 hours | ||
working in a counseling setting that meets the requirements | ||
established by the board after the completion of the graduate | ||
program described by Subdivision (3); | ||
(5) [ |
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license examination and jurisprudence examination required by this | ||
chapter; | ||
(6) submits an application as required by the board, | ||
accompanied by the required application fee; and | ||
(7) meets any other requirement prescribed by the | ||
board. | ||
(b) A person qualifies for a license as a licensed | ||
professional counselor associate under this chapter if the person | ||
meets the requirements of Subsection (a) except for the required | ||
number of supervised experience hours. | ||
SECTION 4. Subchapter G, Chapter 503, Occupations Code, is | ||
amended by adding Section 503.309 to read as follows: | ||
Sec. 503.309. PRACTICE BY LICENSED PROFESSIONAL COUNSELOR | ||
ASSOCIATE. (a) A licensed professional counselor associate must | ||
practice under the supervision of a licensed professional counselor | ||
approved by the board as provided by a supervision agreement. | ||
(b) A licensed professional counselor approved by the board | ||
may delegate to a licensed professional counselor associate any | ||
service that a reasonable and prudent licensed professional | ||
counselor would delegate within the scope of sound judgment if the | ||
licensed professional counselor determines that the service: | ||
(1) can be properly and safely performed by the | ||
licensed professional counselor associate; and | ||
(2) will be performed in the customary manner and in | ||
compliance with the law. | ||
(c) A licensed professional counselor who supervises a | ||
service performed by a licensed professional counselor associate | ||
remains responsible for the service, and the service is considered | ||
to be delivered by the licensed professional counselor for billing | ||
purposes, including a bill submitted to a third-party payor. A | ||
licensed professional counselor associate must inform each patient | ||
for whom a service is performed under this section that the licensed | ||
professional counselor associate is being supervised by a licensed | ||
professional counselor. A licensed professional counselor | ||
associate to whom a service is delegated under this section may | ||
represent that the licensed professional counselor associate is | ||
engaged in the practice of professional counseling. | ||
SECTION 5. Section 503.308, Occupations Code, is repealed. | ||
SECTION 6. Not later than January 1, 2020, the Texas State | ||
Board of Examiners of Professional Counselors shall adopt rules to | ||
implement the changes in law made by this Act. | ||
SECTION 7. This Act takes effect September 1, 2019. |